Concealed Carry, Legal & Law

Ability, Opportunity, and Jeopardy: When Is a Deadly Threat “Imminent” in Colorado?


🛡️ Self-Defense in Colorado and the “AOJ” Standard

When can you legally use force — especially deadly force — in self-defense?

Colorado law (C.R.S. § 18-1-704) says you can act if you reasonably believe you or another person is in imminent danger of unlawful force. But what exactly makes a threat imminent?

This is where the AOJ framework comes in:
Ability, Opportunity, and Jeopardy. It’s a simple, courtroom-tested way to break down whether a threat rises to the level that justifies defensive action — including the use of a firearm.


🔺 A.O.J. Explained:

✅ 1. Ability

Does the attacker have the means to cause serious bodily injury or death?

Examples:

  • A person holding a knife, gun, or bat
  • A large individual threatening to assault someone much smaller or weaker
  • Multiple assailants against a single person

Even bare hands can meet the “ability” requirement if the attacker is significantly stronger, or the victim is elderly, disabled, or on the ground.


✅ 2. Opportunity

Can they reach you or the person you’re protecting? Do they have the ability to carry out the threat right now?

Examples:

  • Someone with a knife standing 10 feet away — they have the opportunity
  • A person holding a bat across the street probably doesn’t… yet
  • Someone in a locked room with a gun and a clear line of sight? That’s opportunity

✅ 3. Jeopardy

Have they done something that clearly signals they intend to cause harm?

This is about intent — not just capability.

Examples:

  • Someone pointing a gun at you = jeopardy
  • Screaming “I’m going to kill you” while charging with a knife = jeopardy
  • Someone holding a gun but not making threats and walking away? No jeopardy.

This is the most subjective part, but also the most important.


🔁 Put it All Together

You need all three for a self-defense claim to hold up:

Ability + Opportunity + Jeopardy = Reasonable belief of imminent threat

If any one of those is missing — no go.


👮‍♂️ For Law Enforcement and Armed Security:

Your authority doesn’t change the AOJ standard. You’re still held to a reasonable belief of imminent threat, especially when using deadly force. AOJ helps explain why your decision to draw or shoot was justified — and more importantly, why not shooting might be reckless or negligent.


🔫 For CCW Holders and Armed Citizens:

This is the gold standard for explaining to a jury why you acted. Courts don’t care about feelings — they care about what was reasonable. Using the AOJ framework before pulling the trigger can protect you legally and ethically.


🧠 For Self-Defense Practitioners:

Train with this in mind. Every scenario you prepare for — in dry fire, in force-on-force, in mental reps — should include:

  • Recognizing the threat (AOJ present?)
  • Deciding whether to act
  • Clearly articulating why your belief was reasonable

Because the DA is going to ask why you thought it was okay to shoot — and you better have a clean answer.


💬 Real-World Example:

You’re walking to your car. A man quickly approaches, pulling a metal object from his waistband, yelling threats.

  • 🔺 Ability — A metal object (possibly a weapon)
  • 🔺 Opportunity — He’s within 15 feet and closing fast
  • 🔺 Jeopardy — He’s yelling threats and drawing something

That’s AOJ. A clear case of an imminent deadly threat — even if the object ends up being a phone. (See People v. Fuller.)


⚠️ Legal Disclaimer:

This content is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney regarding the use of force and your rights under Colorado law.

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